Capital Punishment
Essay by review • March 15, 2011 • Research Paper • 1,996 Words (8 Pages) • 857 Views
Capital Punishment
It is almost uncommon to go throughout a day in this world and not hear of daily
tragedies such as murder, homicide, and manslaughter. But what seems to be more of an
interest to society is the outcome of these circumstances. More in particular, the
punishment one would receive after committing such a crime. The death penalty. The end
consequence that you accept when you decide to pull a trigger or thrust a knife into and
kill someone. The death penalty has always been and continues to be a very controversial
issue in the criminal justice policy. Every election year, politicians wishing to win the
beliefs of voters, compete with each other as to who will be the toughest in extending the
death penalty to those violators who have been convicted of murder. Both proponents and
opponents of capital punishment present powerful arguments to support their claims.
Their arguments are made on different views of what is moral in society, such as religion,
the effect on society, and the possibility of being denied, or "wrongly accused". But how
often do these ideas come into the public's mind when they hear of our "fair" and
"trusted" government taking away someone's living rights? People on both sides of the
issue argue endlessly to gain further support for their ideas. Opponents of capital
punishment argue that it violates the prohibition against "cruel and unusual punishments"
in the Eight Amendment to the Constitution and that the penalty is applied unequally.
But proponents also have their own persuasive ideas to further this punishment for
heinous crimes in demands for justice and strong retribution because a mere jail sentence
for a multiple murderer or rapist seems unjust compared with the damage inflicted on
society and the victims.
To start off, the definition of execution is putting an individual to death as a legal
penalty. Crimes that can result from this act can be both murder and homicide. The
earliest records of the death penalty can be found in the Code of Hammurabi, 1750 b.c. In
the United States, the first known use of the death penalty was in 1608 when Captain
George Kendell of Jamestown Colony in Virginia was accused of espionage for Spain.
By 1800, more than 200 capital punishments were recognized, and as a result 1000 or
more persons were sentenced every year since. (Encyclopedia Britannica)
The 1930's had some of the most executions, an average of 167 victims a year
possibly due the Great Depression and Prohibition. Prior to 1971, the death penalty was
officially allowed by about half of the states. Federal law also authorized the penalty, but
no one had actually suffered from it since 1967 because of the legal tangles and
challenges it brought to the Constitution. In 1972, the U.S. Supreme Court halted
executions in all states by striking the death penalty as unconstitutional in the Furman v.
Georgia ruling. The Court held that capital punishment violated the constitutional
prohibition against "cruel and unusual punishment" because it could be applied in a
discriminatory fashion. (Politics in America) Since then, a majority of states rewrote
their death penalty laws to try to ensure fairness and uniformity of application. So then in
1976, the Supreme Court upheld the death penalty concluding that the punishment of
death does not invariably violate the Constitution and can be applied as a ligament
punishment for certain crimes such as rape, robbery, hijacking, kidnapping, murder with
torture and multiple murders. (Dye) Since then, the list has expanded and now includes
the murder of a law enforcement officer or firefighter who is on duty, murder committing
other major crimes, murder for hire, murder of a prison guard or employee, and murder of
a child younger than six.
Up until April 2001, the United States has put 716 criminals to death. Totaling in
all, 3,527 offenders were put to death as of December 31, 1999 and more that 13,000
since colonial times. In 2002, 57 criminals have been convicted and sentenced to the
punishment. Two of the most known death penalty cases were the Timothy McVeigh, 33,
for the Oklahoma City Bombing that left 168 dead and 500 injured and in the Ted Bundy
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